GCERT Class 9 Social Science Chapter 11 Solution

(1) Independence of the Judiciary.
Ans. The Indian Constitution has kept the Judiciary independent, firm and fearless from the Legislature and the Executive for the protection of the fundamental rights of the citizens, for the social, political and economical equality and for providing justice. The Judiciary should not be inclined or biased towards the Government. The terms and conditions for the appointment of judges, the appointment process, pay scales, transfer, promotion, retirement etc. is taken care of by the Executive as per the constitutional provision. The judges are appointed for a specific period of time. The Executives cannot remove any of the judges due to their will or any political pressure. The pay scale, the term of service, promotion, transfer, benefits of promotion, pension fund of the judges cannot be altered. During the term of service of the judges any of their behaviour or their judgments cannot be discussed or critically reviewed in the Parliament or the Legislative Assembly. The judges after their retirement cannot carry out their practice in any of the courts. The purpose is to empower the judges to perform their duties fearlessly, honestly, self reliantly, independently and firmly so that the judges can impart true, trans- parent and quick justice. The Indian Constitution has given the Judiciary an independent, impartial and uniform place. The cases of public welfare, the questions of public welfare or important problems pertaining to public welfare can be written on a simple post card or an ordinary letter to the Supreme Court.

(2) Appellate jurisdiction of the High Court.
Ans. Appellate jurisdiction refers to the power of a court to hear appeals from lower courts. Under the appellate jurisdiction of the High Court the court hears the petition against the civil and the criminal cases. Any petition challenging the judgment of the lower courts and tribunals can be made in the High Court. In case a Session Court has issued any judgment punishing the accused for more than 4 years, then the petitioner can challenge the judgment in the High Court. If any accused is given a capital punishment by a Sessions Court in a case of murder for which a less severe punishment is issued by the lower court then in such condition the judgment can be challenged in the High Court. The petitioner who is unsatisfied with the judgment of the Tribunal can also approach a High Court.

(3) Court of Records.
Ans. The Supreme Court and High Court are considered as a Court of Records. Their records of holds an evidential value and when any records from the court are presented, no objection can be taken against it. The judgments and decisions of the Supreme Court are considered as permanent documents and all are bound to accept it. They are used as references by the subordinate courts while giving judgments and decisions. Any court showing its contempt or disapproval can be punished.

(4) Lok Adalats and Public Interest Litigation.
Ans. Lok Adalats: Lok Adalats provide speedy and economical justice to the poor, weak and exploited section of the society. Under this the court provides free support and guidance through ‘Legal Aid Service Center’. Lok Adalats function voluntarily even on Sundays and holidays at the district and taluka headquarters as per the convenience of the petitioners. The Lok Adalats generally hear the cases of accident and is related compensation, divorce, alimony, general debts, personal complaints, police complaints etc. Lok Adalats consist of advocates, social workers, educationist, reputed citizens, businessmen, police officers, insurance officers, judges and judicial officers. Here cases are settled amicably such that both the parties are satisfied. The cases fought in the Lok Adalats are neither won nor loss. Lok Adalats save time and money. Many pending cases are solved. All the judgments of the Lok Adalats are backed by the law. Therefore the Lok Adalats have become a centre of attraction.
Public Interest Litigation: A Public Interest Litigation also known as PIL is a form of litigation that is filed to safeguard or enforce public interest. Under the awakened citizen or group or NGO can go to court and file petition for the protections of right of third person (normally poor and backward section of the society).

(5) Subordinate courts.
Ans. The Subordinate Courts are under the guidance and supervision of the High Court of the state. The Subordinate Courts include District and Taluka Courts, Fast Track Court, POTA Court, Tribunals and certain special courts. Each state is divided into an administrative unit called District, consisting of a Civil Court, Criminal Court and Revenue Court. The judge who handles the civil suites is called as the District Judge and the Judge who handles the criminal cases is called a Sessions Judge. The appointment and promotion of any individual to the post ofa District Judge is done by the Governor of the respective state in consultation with the High Court of that state.A District Court hears the petitions challenging the judgments of the lower courts under it. All the civil suits of rupee one lakh or more either by the Government or against the government are carried out in the District Civil Courts. The Judge of the District Court has the power to run the cases of marriage, divorce, alimony, reforms and cases of parental custody. The criminal courts include Session Court, First Class Judicial Magistrate Court, Second Class Judicial Magistrate Court, Mamlatdar and Executive Magistmte Court. These courts have a power to give punishment of imprisonment ranging from 3 to 10 years and a penalty up to rupees 5000 or more. In case of a murder, the court can give capital punishment, lifetime imprisonment and life sentence. Apart from these in a district there are small cause court and family court too. For the case pertaining to land-revenue there is Revenue Court and for the disputes of the labourers there is a Labour Court along with other Tribunals.